Tuesday October 28: The state and defense both rested yesterday and a charge of 2nd degree murder was added. I was worrying that the jury may be hesitant to convict on the 1st degree since premeditation is usually something that people see as planning. That being said, it was the defense that proposed the addition of 2nd degree, so I think they aren’t feeling as confident about their case.
Marybeth Rodgers is giving the closing argument for the state. She came ready with photos and all. I’ve said before that 2025 is the year of bad ass legal ladies, and attorney Rodgers is proving this. She opens with “I’m sorry” is the last thing Sonya said before “he murdered her” just like he promised. She points out that Sonya was sure the defendant wasn’t going to help her. She continues and states that Grayson got annoyed when Sonya was taking too long.
Rodgers continues highlighting that Grayson knew how to “slow things down, but he didn’t” further highlighting his lack of care. Rodgers indicates that the moment Grayson let his anger take over is visible and “he can’t, he won’t be stopped”.
Rodgers tells the jury that Grayson responded to “I rebuke you” with “pure anger” that while Sonya was in crisis Grayson snapped. Rodgers further notes that while Sonya ducked behind a counter, Grayson did not even take a breath or control himself before shouting to drop the pot “when she wasn’t even holding it” yessss thank you for seeing this !!!!!!
Sonya complied peacefully de-escalation had been achieved but it did not matter to Grayson as he was “a man with a badge, and a gun and a temper”. She states that Grayson could have left, but wants the jury to believe he was scared which “is not true”.
“Grayson said a lot of things on the witness stand that just aren’t true.” Grayson and Farley did not enter the home together. Farley did things, but not because Grayson had wanted him to. Rodgers notes that “The lies get bigger.” Grayson claimed to hear multiple voices, but he didn’t. He thought Sonya was intoxicated. That is not true. He stated that on the stand because before he testified, he read in the autopsy report that there was something in Sonya’s system. She comments that “his story had to fit” Nothing Sonya did in the house fits that narrative and she was complying with requests.
Grayson claimed Sonya walked toward him with the pot, she didn’t. “She walked toward the sink.” She comments that what he said makes no sense. Rodgers negates Grayson's statement that he stepped back “the lies keep getting bigger”
When Sonya made the “rebuke” statement she was not threatening she was complying. He further testified that when she said she was sorry, she knew she did something wrong. “When she apologized, it’s because a gun was pointed at her face. She doesn’t want to get shot.”
“For the first time ever” Grayson said he was going to cuff Sonya “You don’t have to believe it because it’s not true.” Though it is convenient there is no evidence that Sonya was committing a crime. Rodgers indicates that the biggest lie that Grayson has told is that there was nothing he could do, he had no choice except to shoot. She reminds the jury that the defense had two “paid witnesses” they found that backed it up. These witnesses “had a story to tell you, along with the defendant.”
Those witnesses noted that following the rules does not matter. “Murder was de-escalation” Grayson knew the tactics used to prevent use of force, but he used them to justify it.
“You saw it with your own eyes, and you can believe what you see.” Rodgers mentions jury instructions pertaining to “use of force” and how it relates to an officer arresting a subject. “Totality of circumstances isn’t what defense witnesses want you to believe.” “He knew she wasn’t dangerous. He knew he wasn’t arresting her.”
Rodgers explains the definitions of justified and not justified shootings. She continues that just because Grayson is wearing a uniform “he doesn’t get to use deadly force”. Rodgers confirms that we have a lot of great officers, but they are not expected to create dangerous situations.
Massy made it “abundantly clear” and “she didn’t want a part ofit” However Grayson advances and shoots three times. Rodgers circles back to how Massey said “I’m sorry” and notes that he had no legal right to go into her kitchen where she was hiding. He had no right to follow her and shoot her.
Rodgers explains the propositions for first degree murder. Grayson’s anger leading up to the shooting and all of the factors at hand constitute first degree murder. “Sonya didn’t threaten him. At no point in time did she do anything to make him scared.” Rodgers concedes that Massey may have made him angry, but was not a threat.
“When you threaten to shoot someone in the face, someone who has done nothing to you. That’s first degree murder.”
That is all for Rodger’s closing arguments. This team has really shown so much passion and sincerity during the trial. They have talked to Sonya’s family frequently. They want to do right by them and by the community.
It’s now 9:25 am and Dan Fultz will provide the closing argument for the defense.
I swear it’s such a cliche at this point. It’s like all defense attorneys, killers and their folks love this word and statement.
“What happened to Sonya Massey was a tragedy, but it was not a crime.” I think my protein bar might come up because dude makes me sick. “We all feel sad for the Massey family” Seriously, just have to remind myself this man is only doing his job.
Fultz comments on the obvious that it is difficult for them to be in the courtroom (gosh we wouldn’t be here if someone wasn’t a hot headed douchecanoe) “I wish none of us were here today” Fultz asks the jury not to let emotions dictate the outcome. He requests they decide the case solely on the law and the evidence being provided.
Seems like a bit of attempting to guilt the jury, but that’s what these folks do to make the money and I’ll say this, Fultz is good at trying to work that. “You promised to not make up your minds until you deliberate.” Fultz notes the presumption of innocence "We know you will live up to that promise.”
Fultz comments that the choice is not whether the shooting took place, but whether he was legally justified to do so. Instructions will have use of force and justification.
He reminds the jury that they are not here to decide if Grayson followed every policy/ procedure and best practice (why did you all bring that up in defense then bruh) That’s not what we’re doing here, he says.
Responding to Rodgers argument he notes that every one of the experts is being paid. “No one got to come in and lie.” “These are professionals who were brought in from all over the country.” Fultz agrees that experts can differ on policy and how it is applied conceding, “that’s just how it works.”
Thankfully for Grayson Fultz points out that the jury is not here to decide whether they like Grayson. That’s not the issue here. He refers to the way he acted as his bedside manner (so weird) he asks “Do we like his bedside manner” but states that it does not matter. True unlikeable people can be innocent but I mean… Fultz claims this is about the 29 seconds spanning from when Massey left the couch and when she was shot. He wants the jury to look at things as Grayson saw it that night, not necessarily agree it was correct.
Fultz claims Sonya Massey “brandished” the pot He states that ISP didn’t even collect the pot right away disregarding his side of the story until later when they went to collect it (maybe because they have properly working olfactory senses that detected some strong bull shit). Fultz states this is why we say you shouldn't “make up your mind too soon.”
Fultz condemns ISP for not collecting all evidence the first time. (I need to revisit the other days’ notes there was never a convention that the pot was held by Massey. By the time they were processing the scene the pot would have cooled and the water was empty I don’t know what physical evidence aside from prints could have been gathered.)
“Then we have Deputy Dawson Farley who was interesting as he was walking a line about his testimony.” Okay someone hold me the fawk back. Fultz comments that Farley was still in his probationary period when the shooting happened. He wrote after seeing the body cam that they both gave Sonya verbal commands to drop the pot.
He claims that Farley said he was in great bodily harm when Sonya had the pot. Fultz tries to paint it that Farley declined his first chance to be interviewed with ISP because he knew he wasn’t being truthful. He claims that Farley’s memory “evolved” when Grayson was indicted by a grand jury. He accuses Farley of lying because he didn’t want to be criminally charged calling his testimony a “wholesale abandonment of the truth”.
Gaaaaahhhhhh!!!!! Farley didn’t break the law he has nothing to be afraid of. Deep breaths don’t throw the laptop, Jessa, you’re a poor hoe and you need it for school.
Fultz now attacks the pathologist’s findings because he has never had a “living patient from 2014 to 2025” “but he got on the stand and all of the sudden he’s an E.R. doctor”. Fultz then claims that the pathologist could not prove the belief that the injuries were “potentially survivable” on cross-examination. He offered nothing to substantiate the claim aside from referring to literature. Fultz contends that he offered nothing outside of “it’s not a guarantee”
I volunteer Fultz as tribute for testing it out since obviously Fultz believes that biology studies and human pathology text isn’t as good as if they tested a hypothesis out on a living being.
Fults regrets that Sonya’s family has to sit through all of this, see autopsy photos, stills and video. “The sad truth is Miss Massey was never going to survive this incident.” Don’t pull a Shabizness, don’t wrestlemania this man. Fultz indicates that Farley did render medical assistance (he leaves out the fact that Grayson said a med kit wasn’t necessary and basically tried to dissuade him but heyyy)
Fultz denigrates one expert witness who never had testified in a criminal trial before this one. He condemns the expert of being unaware of the use of any pot. He believes the only reason they chose this witness was that he differed from another professor in saying that use of force was not justified.
Fultz uses the fact that Stoughton during his five years of law enforcement in Florida was never involved in a use of force incident (looks like he knew how to de-escalate). He states that because he had never been in Grayson’s shoes he would not know what it is like to be in that moment. (I’d argue that he never had to be in his shoes because he was good at his job hence him being an expert now) He claims that the fact that Stoughton did not look at SCSO use of force policy is what make him not a credible expert.
Stoughton did not deny that a pot being over Massey’s head would be a threat. Fultz criticizes Stoughton for referencing his book (but the section that was cited by Stoughton actually was in reference to another scholarly work)
Fultz refers back to Grayson’s testimony that he claimed he wasn’t angry at Massey. He uses the fact that Grayson classified it as a routine call as another point to him not being angry or annoyed with Massey. He says that Grayson was not yelling, screaming or cursing when he was at the door cough bullshit He states that Grason only grew concerned when he heard the pot on the stove. He claims that Grayson told Farley to turn off the stove but Sonya “scurried” to the stove.
Fultz contends that Grayson perceived Massey as being closer to him so he took a step back to avoid the hot water. He claims that “circumstances changed drastically” (well yeah dude you told a woman you’d shoot her in the fucking face) . Fultz refers to “I rebuke you in the name of Jesus” as a threat. He states Grayson drew his weapon to gain compliance. Grayson gave clear commands to drop the pot. It’s true the pot was set down at one point. Fultz states that wasn’t the end of it though. He claims that for reasons we will never know she got the pot again and stood up and threw it in his direction thus she was shot. He says we can not wonder why Massey did that, but he “liked” what Rodgers said and quotes her “you can believe what you see” on the body cam. He says that is what happened.
Fultz is being a petty Betty now, stating that he wouldn’t like his opposing council’s witnesses either if his expert only had five years of experience compared to the defense’s 73 years combined.
Fultz insists that Use of force tactics can be in conflict with CIT (crisis intervention training) but he states that the incident wasn’t anything other than that until Sonya “transformed it” into something else. He states that his transformation is what necessitated lethal force. “You hope that’s not the outcome,” Fultz opines, but he likened this situation to being faced with no other options “that’s what you do. Grayson felt it was the only option.” Grayson needed to maintain a clear line of sight with the subject.
When asked what could have been done an expert referenced a number of things, but Fultz insists that Sonya escalated the situation. He states that the outcome is on Sonya Massey. Fultz then mentions “those who can, do.” says his side’s witnesses do.
Fultz insinuates witness collusion stating that some of the defense witness testimony was “eerily similar” (facts are pretty uniform though so I mean there’s that). Fultz also states that Massey’s actual intent is not what matters, but what it appeared her intent was.
“We are here because Miss Massey did not respond to clear and direct orders of a law enforcement officer.” He notes SCSO policy again.
“You told us that you would not find Mr. Grayson guilty unless the state has proven each and every element of the charge beyond a reasonable doubt.” “You don’t guess about whether he is guilty”
After a story about a trip that Fultz took to the UK and a King who made the court stay in session until he got the verdict he wanted and stating this isn’t that Fultz is done.
IMO we saw peak petty performance from the defense and as much as it irritated the eff out of me. From the point of view of someone who has taken a few courses on law and debate I must admit that this is when Fultz shines. His questioning tactics were “meh” but he is a good showman and he delivered his closing in a way that wasn’t too boring though typing it out feels like he droned on and on.
Milhiser takes the redirect at 10:51 am
“The other side can find people to say there were no policy violations” but he points out that the defense did this via letters. Milhiser contends “this is a murder case,” where you are dictated by the evidence in the case. Mihiser states that it is not just Massey's actions but the actions of everyone including the defendant that plays into what happened. Milhiser points out what I’ve been screaming internally since day one. Saying that you can’t look at the actions of Grayson after the fact is “absurd”. Milhiser claims that Grayson’s actions before and after are just as important and they speak to intent and motive.
“If anyone was in crisis it was him. He snapped” I agree
Sonya’s death was “senseless and avoidable” according to Milhiser. He also contends that there was no lawful justification to shoot Sonya Massey.
Milhiser plays the video again and this time he has on captions so the jury can not only hear what Grayson said but see it (well done) While it plays a few members of Sonya’s family step out (bless these people I swear they’ve been through it) Her mother stays inside and I swear I have so much respect for her and her father.
Milhiser said while jurors were told not to let emotions sway their deliberation, Grayson allowed emotions to get the best of him in Killing Sonya Massey (yep this is why our guy is State’s Attorney)
He points out that instead of sending help when Sonya called 911 Sean Grayson was sent. Anyone else would have kept Sonya alive.
This is n’t evidence from “cut and paste” reports the defense had, but actual evidence. Defense witnesses used tense, uncertain, and said “Massey attacked.” Milhiser notes that aside from those few instances Davis used “cut and paste of what he puts in his reports” using that to justify the shooting. He also comes back to Kevin Davis stating law doesn’t have much to do with Davis’ consulting business.
Every time that Massey was told to drop the pot it was not in her hands. The version of what happened from the “good old experts” isn’t true.
ISP said the case wasn’t what they thought once they watched the body camera, and that is why they returned to gather more evidence. (Personally it appeared that originally the ISP was looking at this is a cut and dry officer involved shooting giving more credit to Grayson initially)
Milhiser plays the video again and Sonya’s mother becomes emotional when it gets to eh point where Grayson says he wasn’t going to “waste” his med kit on Sonya and paused where Grayson says “This fucking bitch is crazy” then shows the gun to the jury.
“Massey was staring down the barrel of this gun when she was shot” and that was the end .. oh he ended well!!!!
Benjamin Crump has arrived and once the verdict is reached there will be a press conference. Instructions are read to the jury and now we wait.
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